Untouchability is abolished by which Article of the Indian Constitution?

This question was previously asked in
69th BPSC Prelims Exam Official Paper (Held On: 30 Sept, 2023)
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  1. Article 14
  2. Article 15
  3. Article 17
  4. Article 22

Answer (Detailed Solution Below)

Option 3 : Article 17
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The correct answer is ​Article 17.

Key Points

  • Abolition of Untouchability is abolished and its practice in any form is forbidden.
  • The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with the law.
  • In order to end the caste system, the practice of untouchability, discrimination, and other types of practices that is prevalent in our society for centuries, Article 17 was given space in the Indian constitution.
  • Article 17 is the only Absolute Article of all the rights articles written in the Constitution. That is, it is illegal to practice untouchability in any form.
  • There is no definition of untouchability in the Indian Constitution and not in any act passed by the Parliament.
  • But the Mysore High Court has clarified its meaning in one of its decisions. The court said that the subject matter of Article 17 is not untouchable in its literal or grammatical sense but the ‘practice as it had developed historically in the country. It refers to the social disabilities imposed on certain classes of persons because of their birth in certain cases. Hence, it does not cover the social boycott of a few individuals or their exclusion from religious services, etc.
  • Due to the many verdict and instructions given by the court, some works will be treated as the observance of untouchability, for which a provision of punishment has also been made.
  • As per Section 8 in The Representation of the People Act, 1951, a person convicted of the offence of untouchability is disqualified for election to the parliament or state legislature.
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